Whether the sentence of death passed on a pregnant woman be postponed?

Question: Whether the sentence of death passed on a pregnant woman be postponed?

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Answer

Death penalty is one of the highest degrees of punishment that can be awarded to the accused for a heinous offence. As per the situational problem, it is absolutely correct that the sentence of death passed on a pregnant woman is to be postponed by virtue of section 416 of CrPC. Section 416 of the Code of Criminal Procedure lays down the provision regarding the Postponement of capital sentence for pregnant women. The provision states that:

“If a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to imprisonment for life.”

The High Court is the only judicial tribunal in which the law has vested the powers of postponing the execution of a sentence of death confirmed by it. This is an instance of a case contemplated by section 362 in which the High Court, after signing or passing judgment, may alter or reviews the same.

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